American Short Line Railroad v. Fonda, Johnstown & Gloversville Railroad

This controversy is submitted upon an agreed statement of facts. Plaintiff contracted to examine the Federal income tax payments - of defendant and its related industries, from and including 1920 to 1925, and if overpayments were found to have been made, to seek a refund. Compensation was contingent upon a refund being obtained. The contract provided that plaintiff was to receive “ To cover all expenses and service of every kind and character a sum equivalent to forty per cent of such amount or amounts as may be established * * * and refunded by the Federal Government.” Overpayments amounting…